Volusia County BUI attorney Kevin J. Pitts is a former Daytona Beach DUI prosecutor with experience handling criminal law cases. If you are accused of boating under the influence in Daytona Beach or Volusia County you need an experienced attorney to fight for you. Contact our office today to set up a free consultation with Daytona Beach boating under the influence attorney Kevin J. Pitts.
Daytona Beach and the Volusia County area are a boater’s paradise. However, law enforcement agencies and local state attorneys view (BUI) boating under the influence as a serious offense and treat them much like they would a DUI. Daytona Beach BUI lawyer Kevin J. Pitts has experience in defending and prosecuting this type of offense. The penalties are very similar to those that attach in DUI cases. Probation, community service hours, alcohol or substance abuse classes and vessel impoundment are just a few of the penalties that will be enforced if convicted of a BUI. Jail and in some cases prison time can be a real possibility for repeat BUI offenders or BUI cases with serious injury or death. It is important to hire a qualified and experienced BUI defense lawyer to defend the charge as the effects of a conviction can haunt you for years. An experienced BUI attorney understands that a BUI case can be much more difficult for the state to prove.
To find someone guilty of boating under the influence (BUI), it must be proven beyond a reasonable doubt that a person operated a vessel within the state while under the influence of alcohol or any other controlled substance. To prove that an operator of a vessel is BUI, the prosecution must prove that the operator’s normal faculties were impaired or that the operator’s blood-alcohol level or breath alcohol level exceeded .08. Field sobriety exercises are often used to develop probable cause for arrest. They cannot be effectively done on a boat. The results of field sobriety exercises are questionable when on land but after a day on the water they are even less accurate. The officer often makes the decision to detain the boater on the water before doing a thorough investigation. This can make the legality of the detention questionable. Boarding the boat and taking the driver to land can become a custodial arrest which requires substantial evidence of guilt.
A first BUI conviction carries a fine of up to $1,000 and not more than 6 months in the county jail. A second BUI conviction carries a fine of up to $2,000 and not more than 9 months in the county jail. Anyone convicted of a third DUI within 10 years of a prior BUI conviction can be charged with a third degree felony punishable up to five years in prison. If the conviction occurs outside 10 years of the previous conviction a person can receive a fine up to $5,000 and up to a year in the county jail. A fourth conviction for BUI is a felony unless the state decides to file it as a misdemeanor. In addition the penalties mentioned above, a defendant convicted of BUI will be required to attend a substance abuse course, the costs of which shall be paid by the offender. Furthermore, the offender must have a substance abuse evaluation and treatment if recommended. The accused will also be required to perform community service hours. The boat or jet-ski involved in the BUI will be subject to impoundment or immobilization. Mandatory jail sentences may apply for subsequent BUI convictions depending on when the prior offense or offenses occurred.
The offense of a Daytona Beach BUI manslaughter is far more serious than a standard Daytona Beach BUI charge. BUI manslaughter is a second degree felony punishable up to 15 years in prison. Like DUI manslaughter cases, the Florida sentencing guidelines allow for victim injury points above and beyond the standard guidelines in BUI manslaughter cases. The element of causation must be proven in BUI manslaughter cases which simply put means that the operation of the vessel caused or contributed to the death of the victim. A BUI manslaughter charge can be elevated to a first degree felony punishable up to 30 years in prison if the operator of the vessel at the time of the accident knew or should have known that the accident occurred and that the operator failed to provide information or render aid as required under the Florida Statutes.